Gallus Properties v Richardson

[2005] QCA 428

[2005] QCA 428

COURT OF APPEAL

McMURDO P

Appeal No 7416 of 2005

GALLUS PROPERTIES PTY LTD
ACN 080 959 726              First Respondent/First Plaintiff

and

PETER WILLIAM GALLUS        Second Respondent/Second Plaintiff

and

BROADBEACH VISTA PTY LTD
ACN 066 085 737            Not party to appeal/Third Plaintiff

and

KERRIE SUZANNE RICHARDSON     Third Respondent/First Defendant

and

AMMBAR PTY LTD
ACN 050 921 036             Fourth Respondent/Second Defendant

and

J V PROPERTY SYNDICATES PTY LTD
ACN 050 921 036               First Appellant/Third Defendant

and

CITIMARK FINANCE PTY LTD
ACN 079 010 861              Second Appellant/Unknown or n/a)

and

PHILLIP GREGORY JEFFERSON     Fifth Respondent/Unknown or n/a)

and

MATTHEW LESLIE JOINER          Fifth Respondent/Unknown or n/a

BRISBANE

..DATE 18/11/2005

ORDER

THE PRESIDENT:  By consent, the appeal is dismissed and the application for leave to appeal by Citimark Finance Pty Ltd is dismissed.

Leave is given to the parties to make written submissions as to the appropriate order for costs including the costs of and incidental to today's mention.

The first appellant and the second appellant/applicant for leave to appeal are to file and serve their written submissions as to costs on or before 25 November 2005.  The respondents are to file and serve their written submissions as to costs on or before 2 December 2005.  The first appellant and second appellant/applicant for leave to appeal are to serve any responsive written submissions as to costs on or before 5 December 2005.

...

THE PRESIDENT:  By consent, the appeal is to be determined on the papers and the parties are directed to comply with the practice direction in respect of the format of the outlines of argument on the costs of the appeal and the application for leave to appeal.

The orders are as I have set out.

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